MADAN MOHAN GARG Vs. PRADUMAN KUMAR VIPIN KUMAR

JUDGEMENT

(1.) Heard Sri Pankaj Agarwal, learned counsel for the petitioner in Writ Petition No.17254 of 2007 (hereinafter referred to as "first petition) and respondent in Writ Petition No.39504 of 2007 (hereinafter referred to as "second petition") and Sri S.K.Tyagi, learned counsel for the respondent in first petition and petitioner in second petition.

(2.) Both these matters are being decided by this common judgment since they have arisen from common judgment.

(3.) The petitioners, in first petition, instituted suit for eviction against defendant - respondent. It is contended that since accommodation in question is "public religious charitable trust" therefore, Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No.13 of 1972) (hereinafter referred to as "Act, 1972") is not applicable to the building in dispute. The Trial Court held that Trust is not "public religious charitable trust" but a private trust and therefore Act, 1972 was applicable and since eviction proceedings were not within the provisions of Section 20(2) of Act, 1972, the suit was dismissed. The petitioner, Madan Mohan Garg preferred S.C.C. Revision No.129/01 but the same has been dismissed vide judgment dated 12.01.2007 by Revisional Court holding that though it is true that trust is a "public charitable trust" and Act, 1972 is not applicable but since defendant-tenant has paid entire rent, therefore, is entitled for benefit under Section 114 of Transfer of Property Act, 1882 (hereinafter referred to as "Act, 1882") and hence decree for eviction cannot be granted.